Businesses can skirt permit issue as clubs

Restaurants in Canyon wanting to establish a private club won't have to come to the city to ask for a specific use permit.

Canyon is in a dry precinct, and the only legal way for alcohol to be sold is at a private club that has a license through the Texas Alcoholic Beverage Commission.

City Attorney Chuck Hester informed commissioners during a public hearing Monday night that the city does not have the authority to deny the licensing of a private club.

"Private clubs are legal anywhere in the state of Texas - no matter if it's a dry area. Mr. Hester's opinion was that the TABC has been granted the sole authority of regulation of private clubs," said Assistant City Manager Randy Criswell. The amendment to the Planning and Zoning ordinance will be voted on at the Dec. 10 commission meeting.

"It takes the city of Canyon out of the loop because they get the designation of a private club through the TABC. They also get the authority to serve alcohol through the TABC."

The commission asked Hester to look into the matter after a dispute over a specific use permit request from a Pizza Hut.

Criswell said if the owner of the Pizza Hut still wants to sell alcohol, he will have to apply to the TABC and only the TABC.

"Our ordinance said the city of Canyon can regulate private clubs, but we were questioned about whether or not we had any authority over it," Criswell said. "The city will continue to regulate certain types of land use with this ordinance. For example, a nightclub would require a specific use permit."

In other business, commissioners voted to accept a bid from John Chandler Ford of Amarillo for $46,510 for two Ford Crown Victorias for the Canyon Police Department, spending a $145,658 bid for a dump truck and $129,900 bid for a street sweeper for the Canyon Public Works Department and accepted a bid for $32,419.65 from Greg Lair GMC Pontiac Buick for a 2008 pickup for the Canyon Fire Department.